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Abortion in South Dakota

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Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony.[1][2] An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.[2]

There were 878 legal abortions in 2000, 895 in 2001, 819 in 2003, 551 in 2014, and 444 in 2015.

In November 2024, South Dakotans voted on Amendment G, which, if passed, would have amended the state constitution to create a right to abortion in the first two trimesters of pregnancy. The amendment failed to pass. [3][4]

History

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Legislative history

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By 1950, the state legislature had passed a law stating that a woman who had an abortion or actively sought to have an abortion, regardless of whether she went through with it, was guilty of a criminal offense.[5] Some states require that a person seeking an abortion must wait for a period of one to six days, depending on the state, after visiting the provider for the first time and before having the procedure. South Dakota requires that the patient obtain mandatory counseling from an anti-abortion crisis pregnancy center during this time frame.[6]

In 2004, a bill outlawing abortion passed both houses of the legislature, but was vetoed by the Governor due to a technicality. The state's legislature subsequently passed five laws curtailing the legality of abortion in 2005,[7] including House Bill 1249[8] The majority of a legislative "task force"[9] then issued a report recommending that the legislature illegalize all abortions, which would lead to a challenge of the constitutionality of Roe v. Wade in the United States Supreme Court. A separate minority report criticizing the process and reaching different conclusions was also released.[10]

The South Dakota legislature passed a law in 2006 that would have banned abortion in the state. Several members of the South Dakota legislative majority, as well as Governor Rounds, acknowledged that the overt goal of this law, the Women's Health and Human Life Protection Act, was to get the Supreme Court to overturn Roe.[11] It was signed into law by Republican Governor Mike Rounds. Planned Parenthood successfully challenged the law using a ballot initiative instead of using the courts.[12][13] The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement.[14] In the informed consent materials given to women in Idaho, Oklahoma, South Dakota and Texas required by statute, the materials used graphic and inflammatory language. The law also required the woman be told how far advanced her pregnancy was.[15] The informed consent materials in South Dakota, Texas, Utah and West Virginia given to women seeking abortions include counseling materials that say women who have abortions may have suicidal thoughts or they may experience "postabortion traumatic stress syndrome". The latter syndrome is not recognized by American Psychological Association or the American Psychiatric Association.[15] The written informed consent materials in South Dakota say "unborn child may feel physical pain" without specifying any time period during gestation. The Journal of the American Medical Association has concluded that pain sensors do not develop in the fetus until between weeks 23 and 30.[15]

In 2008, the South Dakota legislature passed another anti-abortion law, this time one that would have banned abortion in all cases except for rape, incest, and the health of the woman. Planned Parenthood again successfully challenged this using a ballot initiative instead of using the courts.[12] In 2013, the Targeted Regulation of Abortion Providers (TRAP) state law applied to medication-induced abortions and private doctor offices in addition to abortion clinics.[16] The state had a law on the books in August 2018 that would be triggered if Roe v. Wade was overturned.[17] (The Supreme Court did overturn Roe v. Wade in Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) .[18][19]) As of 2018, South Dakota prohibits the use of state funds for abortions unless the mother's life is in danger.[20] In mid-May 2019, state law banned abortion after week 22.[13] On September 7, 2021, during the COVID-19 pandemic, Governor Kristi Noem signed an executive order requiring in-person medical visits—not merely telehealth appointments—for the prescription of medication abortions.[21]

Ballot box history

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A referendum to repeal the Women's Health and Human Life Protection Act was placed on ballot for the November 2006 statewide election due to a successful petition drive by the organization South Dakota Campaign for Healthy Families. On May 30, over 38,000 petition signatures were filed, more than twice the 17,000 required to place a measure on the ballot. On November 7, WHHLPA was repealed by the South Dakota electorate; the vote was 56%-44% favoring repeal.[12][13][22][23] In 2008, Right to Life of South Dakota gathered enough signatures to put an initiative measure on the ballot. Initiative Measure 11 would have restricted abortion to cases involving rape, incest, and the woman's health. That initiative was defeated, by a vote of 55%-45%.[12][24]

Judicial history

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The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester.[5] However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) .[18][19] In Planned Parenthood v. Rounds (2012), the United States Court of Appeals for the Eighth Circuit ruled that a South Dakota law requiring doctors to give patients information about the potential suicide risk in women who have abortions was not unconstitutional.[25]

Clinic history

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See also: Abortion clinic

In 1967, physician Benjamin Munson opened an illegal abortion clinic in Rapid City.[26] He was arrested and charged in 1969 for performing an illegal abortion on a 19-year-old woman. Munson appealed his conviction and won at the circuit court, but after the state appealed the decision, the South Dakota Supreme Court ruled against him. The Roe v. Wade decision rendered his further appeals moot. Munson retired in 1986.[26]

In 1981, Dr. Buck Williams started offering abortion services at his Sioux Falls clinic. At the time, he was the only abortion service provider in the state. In 1989, he approached Planned Parenthood about taking over his clinic. At the time, Planned Parenthood had no operations in South Dakota. They agreed, and have been the state's only abortion service provider ever since.[12] Planned Parenthood moved out of their old building, and the building was taken over by AlphaCenter and run by Leslee Unruh.[12] Another clinic had opened in the stated by 1982 but was closed by 1992.[27] In the period between 1992 and 1996, the state saw no change in the total number of abortion clinics. While only three states saw gains in this period, this state was one of four to see no changes, with one abortion clinic in the state in 1996.[28]

In 2014, there was one abortion clinic in the state.[29] In 2014, 98% of the counties in the state did not have an abortion clinic. That year, 77% of women in the state aged 15–44 lived in a county without an abortion clinic.[17] In 2016, only a small section of the state required women to drive fewer than 40 miles to access an abortion clinic.[30] In 2017, there was one Planned Parenthood clinic, which offered abortion services, in a state with a population of 181,145 women aged 15–49.[31] The Planned Parenthood facility was the only one providing abortion services in the state. Unable to find local doctors to run the clinic, they hired four doctors who flew in from out of state to work on rotation.[12] In May 2019, the state was one of six states in the nation with only one abortion clinic.[32]

Statistics

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In the period between 1972 and 1974, there were zero recorded illegal abortion deaths in the state.[33] In 1990, 72,000 women in the state faced the risk of an unintended pregnancy.[27]

The lowest number of legal induced abortions by state in 2000 occurred in Idaho with 801, while South Dakota was second with 878, and North Dakota was third with 1,341.[34] Idaho had the fewest induced abortions in 2001 with 738, while South Dakota was second with 895, and North Dakota was third with 1,216.[35] In 2003, the state of South Dakota had the lowest number of legal induced abortions with 819. Idaho was second with 911, while North Dakota was third with 1,354.[36] In 2013, among white women aged 15–19, there were 70 abortions, 10 abortions for black women aged 15–19, 0 abortions for Hispanic women aged 15–19, and 10 abortions for women of all other races.[37] In 2014, 48% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[38] In 2017, the state had an infant mortality rate of 7.7 deaths per 1,000 live births.[39]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[28]
Census division and state Number Rate % change 1992–1996
1992 1995 1996 1992 1995 1996
West North Central 57,340 48,530 48,660 14.3 11.9 11.9 –16
Iowa 6,970 6,040 5,780 11.4 9.8 9.4 –17
Kansas 12,570 10,310 10,630 22.4 18.3 18.9 –16
Minnesota 16,180 14,910 14,660 15.6 14.2 13.9 –11
Missouri 13,510 10,540 10,810 11.6 8.9 9.1 –21
Nebraska 5,580 4,360 4,460 15.7 12.1 12.3 –22
North Dakota 1,490 1,330 1,290 10.7 9.6 9.4 –13
South Dakota 1,040 1,040 1,030 6.8 6.6 6.5 –4
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
Location Residence Occurrence % obtained by

out-of-state residents

Year Ref
No. Rate^ Ratio^^ No. Rate^ Ratio^^
South Dakota 1,040 6.8 1992 [28]
South Dakota 1,040 6.6 1995 [28]
South Dakota 1,030 6.5 1996 [28]
South Dakota 755 4.8 61 551 3.5 45 13.6 2014 [40]
South Dakota 659 4.2 53 444 2.8 36 13.3 2015 [41]
South Dakota 664 4.2 54 472 3.0 38 12.9 2016 [42]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Abortion rights views and activities

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Protests

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Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[43]

Following the overturn of Roe v. Wade on June 24, 2022, six people were arrested on June 29 following an abortion rights protest in Sioux Falls.[44] On July 9–10, hundreds of abortion rights protesters rallied and marched in Sioux Falls and Rapid City.[45][46] On July 23, about 100 abortion rights protesters rallied and marched at the South Dakota State Capitol in Pierre.[47] Abortion rights protests were also held at the University of South Dakota in Vermillion.[48]

On May 1, 2024, Dakotans For Health submitted a petition with over 55,000 signatures to get abortion rights on the ballot in the November 2024 election, more than the 35,000 signatures required. The proposed amendment to the state constitution would legalize abortion in the first trimester.[49]

Anti-abortion views and activities

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Organizations

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Alpha Center is a crisis pregnancy center based in Sioux Falls and run by Leslee Unruh.[12]

Violence

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In October 1999, Martin Uphoff set fire to a Planned Parenthood clinic in Sioux Falls, causing $100 worth of damage. He was later sentenced to 60 months in prison.[50]

References

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  1. ^ "22-17-5.1. Procurement of abortion prohibited--Exception to preserve life of pregnant female--Felony". South Dakota Legislature. Retrieved August 27, 2024.
  2. ^ a b Sneve, Joe; Ki, Nicole; Matzen, Morgan; Ellis, Jonathan (June 24, 2022). "Abortion is now illegal in South Dakota. Here's what you need to know". Argus Leader. Retrieved June 24, 2022.
  3. ^ "South Dakota has rejected an abortion rights measure and voted down recreational marijuana". AP News. November 6, 2024. Retrieved November 6, 2024.
  4. ^ "South Dakota to decide on abortion rights in fall as ballot initiative advances". The Guardian. May 17, 2024. Retrieved April 13, 2024.
  5. ^ a b Buell, Samuel (January 1, 1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
  6. ^ "South Dakota governor signs extended abortion wait period law". Reuters. March 8, 2013.
  7. ^ S.D. Makes Abortion Rare Through Laws And Stigma - washingtonpost.com
  8. ^ "2005 House Bill 1249". South Dakota Legislature. Archived from the original on June 24, 2022. Retrieved August 27, 2024.
  9. ^ HB 1233 establish a task force to study abortion and to
  10. ^ April 17, 2006 - The Nation
  11. ^ South Dakota has banned abortion - is your state next? : Indybay
  12. ^ a b c d e f g h McCann, Allison (May 23, 2017). "Seven states have only one remaining abortion clinic. We talked to the people keeping them open". Vice News. Retrieved May 23, 2019.
  13. ^ a b c Tavernise, Sabrina (May 15, 2019). "'The Time Is Now': States Are Rushing to Restrict Abortion, or to Protect It". The New York Times. ISSN 0362-4331. Retrieved May 24, 2019.
  14. ^ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
  15. ^ a b c "State Abortion Counseling Policies and the Fundamental Principles of Informed Consent". Guttmacher Institute. November 12, 2007. Retrieved May 22, 2019.
  16. ^ "TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price". Guttmacher Institute. June 27, 2013. Retrieved May 27, 2019.
  17. ^ a b Panetta, Grace; lee, Samantha (August 4, 2018). "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). Archived from the original on May 24, 2019. Retrieved May 24, 2019.
  18. ^ a b de Vogue, Ariane (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  19. ^ a b Howe, Amy (June 24, 2022). "Supreme Court overturns constitutional right to abortion". SCOTUSblog. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  20. ^ "Abortion Laws". Findlaw. Retrieved May 23, 2019.
  21. ^ Karanth, Sanjana (September 7, 2021). "South Dakota Bans Clinicians From Using Telemedicine To Provide Medication Abortions". HuffPost. Retrieved September 8, 2021.
  22. ^ South Dakota Nixes Abortion Ban; Michigan Voters OK Anti-Affirmative Action Initiative - Politics - Republican Party - Democratic Party - Political Spectrum - F...
  23. ^ Associated Press (November 8, 2006). "South Dakota abortion ban rejected". USA Today. Retrieved August 23, 2020.
  24. ^ "South Dakota Abortion Ban, Initiative 11 (2008)". Ballotpedia. Retrieved August 23, 2020.
  25. ^ Can the Government Require Doctors to Provide Misleading Information to Patients Seeking Abortions?
  26. ^ a b Woster, Kevin (July 29, 2003). "Dr. Ben Munson dies at 87 in Vt". Rapid City Journal. Retrieved August 15, 2024.
  27. ^ a b Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. Diane Publishing. ISBN 9780788174810.
  28. ^ a b c d e Henshaw, Stanley K. (June 15, 2005). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved June 2, 2019.
  29. ^ Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved May 23, 2019.{{cite web}}: CS1 maint: multiple names: authors list (link)
  30. ^ Liptak, Adam (February 29, 2016). "Eyes on Kennedy, Women Tell Supreme Court Why Abortion Was Right for Them". The New York Times. ISSN 0362-4331. Retrieved June 2, 2019.
  31. ^ "Here's Where Women Have Less Access to Planned Parenthood". Retrieved May 23, 2019.
  32. ^ Holly Yan (May 29, 2019). "These 6 states have only 1 abortion clinic left. Missouri could become the first with zero". CNN. Retrieved June 2, 2019.
  33. ^ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86–92. doi:10.2307/2133995. JSTOR 2133995. PMID 1269687.
  34. ^ "Abortion Surveillance --- United States, 2000". www.cdc.gov. Retrieved May 25, 2019.
  35. ^ "Abortion Surveillance --- United States, 2001". www.cdc.gov. Retrieved May 25, 2019.
  36. ^ "Abortion Surveillance --- United States, 2003". www.cdc.gov. Retrieved May 25, 2019.
  37. ^ "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved May 24, 2019.
  38. ^ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved May 23, 2019.
  39. ^ "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved May 25, 2019.
  40. ^ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66 (24): 1–48. doi:10.15585/mmwr.ss6624a1. ISSN 1546-0738. PMC 6289084. PMID 29166366.
  41. ^ Jatlaoui, Tara C. (2018). "Abortion Surveillance — United States, 2015". MMWR. Surveillance Summaries. 67 (13): 1–45. doi:10.15585/mmwr.ss6713a1. ISSN 1546-0738. PMC 6289084. PMID 30462632.
  42. ^ Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68 (11): 1–41. doi:10.15585/mmwr.ss6811a1. ISSN 1546-0738. PMC 6289084. PMID 31774741.
  43. ^ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved May 25, 2019.
  44. ^ Todd, Annie; Matzen, Morgan; Galvan, Alfonzo (June 29, 2022). "Sioux Falls police say arrests made after abortion rights protests in downtown". Argus Leader. Retrieved April 30, 2023.
  45. ^ Matzen, Morgan (July 8, 2022). "'Our rights have been slowly taken from us': Organizers plan 2 abortion rights protests this weekend in Sioux Falls". Argus Leader. Retrieved April 30, 2023.
  46. ^ Tupper, Seth; Kronaizl, Andrew (July 10, 2022). "Crowds rally for abortion rights in Sioux Falls and Rapid City". South Dakota Public Broadcasting. Retrieved April 30, 2023.
  47. ^ Goss, Austin (July 24, 2022). "Pro-choice protestors rally in Pierre to protest state's abortion law". Dakota News Now. Retrieved April 30, 2023.
  48. ^ Sanchez, Olivia (October 9, 2022). "In states where abortion is now outlawed, students ramp up activism". USA Today. Retrieved April 30, 2023.
  49. ^ Timotija, Filip (May 2, 2024). "South Dakota abortion-rights initiative supporters submit enough signatures to make ballot". The Hill. Retrieved May 4, 2024.
  50. ^ "FindLaw's United States Eighth Circuit case and opinions". Findlaw. Retrieved January 26, 2019.
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